§47-14-2. Definitions.
As used in this article, unless the context otherwise
requires:

(1) "Burial goods" means all merchandise supplied in regard to
burial, or entombment in a mausoleum or inurnment in a columbarium,
but does not include those services actually performed by a
cemetery acting only as such, or the sale by any person of cemetery
lots, land or interests therein, services incidental thereto, or
the sale by any person of markers, memorials, monuments, equipment,
crypts, urns, burial vaults or vaults constructed or to be
constructed in a mausoleum or columbarium.

(2) "Contract beneficiary" means any person specified or
implied in a preneed funeral contract, upon whose death funeral
services, funeral goods or burial goods are to be performed,
provided or delivered.

(3) "Contract buyer" means any person, whether or not a
contract beneficiary, who purchases goods or services pursuant to
a preneed funeral contract but does not include any person other
than a natural person.

(4) "Contract seller" or "seller" means a person, his agent or
his employee who sells, makes available or provides preneed funeral
contracts.

(5) "Division" means the consumer protection division of the
office of the attorney general.

(6) "Funds" means moneys or other consideration, other than
premiums for insurance policies or annuities paid to a life
insurance company, received pursuant to the sale of a preneed funeral contract, including interest accrued or earned thereon.

(7) "Funeral goods" means those items of merchandise sold or
offered for sale directly to the public by any person which will be
used in connection with a funeral or alternative for final
disposition of human remains, but does not include those services
actually performed by a cemetery acting only as such, or the sale
by the cemetery of cemetery lots, land or interest therein,
services incidental thereto, or the sale by any person of markers,
memorials, monuments, equipment, crypts, urns, burial vaults or
vaults constructed or to be constructed in a mausoleum or
columbarium.

(8) "Funeral services" means those services usually performed
by a licensed funeral establishment or director including, but not
limited to, care and preparation of human remains and coordinating
rites and ceremonies in connection with the disposition of human
remains carried out at the request of any individual responsible
for funeral and disposition arrangements.

(9) "Person" means a natural person, partnership, firm,
association or corporation, including any agent or employee thereof
residing in or doing business in this state who is engaged in the
selling of, making available of or providing of preneed funeral
contracts, as defined herein, or who is the recipient of funds paid
for such purpose.

(10) "Person who makes a preneed funeral contract available"
means a person who, while not directly selling the contents of a
preneed funeral contract to the public through his efforts, makes
such contracts available to the public, but does not include manufacturers of funeral goods or burial goods.

(11) "Personal residence" means any residential building in
which one temporarily or permanently maintains his abode including,
but not limited to, hotels, motels, apartments, nursing homes,
convalescent homes, homes for the aged and public and private
institutions.

(12) "Preneed funeral contract" means any contract, agreement,
mutual understanding, series or combination of contracts,
agreements and mutual understandings, including a contract that is
financed by the purchase of an insurance policy or annuity, under
which, for a specified consideration paid in advance of death in a
lump sum or by installments, a person promises to furnish or make
available or provide funeral services, funeral goods or burial
goods for use at a time determinable by the death of the contract
beneficiary who is either named or implied therein.

(13) "Provider" means a person who, though not necessarily a
party to a preneed funeral contract, makes the services or goods
referred to in such a contract available to the public pursuant to
such a contract.

(14) "Trustee" means any natural person, partnership or
corporation, including any bank, trust company, savings and loan
association or credit union, which receives money pursuant to any
agreement or contract made pursuant to the provisions of this
article. The term "trustee" does not include an insurance company
licensed pursuant to chapter thirty-three of this code.